City Manager

Admin. Services Mgr.

09/19/17

ORDINANCE NO. 17-O-87

AN ORDINANCE ADDING PART THIRTEEN, TITLE FIVE, CHAPTER 1311,

OF THE CODIFIED ORDINANCES OF THE CITY OF MENTOR, 2006, AS AMENDED,
THE SAME RELATING TO BUILDING CODE, ADDITIONAL BUILDING
REGULATIONS, AND DECLARING AN EMERGENCY

WHEREAS, the City Manager has recommended an addition to the Mentor Code of
Ordinances relative to the Registration of Tree Maintenance or Tree Removal Contractors.

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF

MENTOR, COUNTY OF LAKE, STATE OF OHIO:

SECTION 1. That Chapter 1311 within Part Thirteen of the Codified Ordinances of the
City of Mentor, 2006 as amended, be and the same is hereby adopted to read as follows:

CHAPTER 1311
Registration of Tree Maintenance or Tree Removal Contractors

1311.01 Registration required. 1311.04 Fees.

1311.02 Application for certificate 1311.05 Revocation of registration.
of registration. 1311.06 Appeals.
1311.03 Issuance of registration 1311.07 Property owner's
exemption. certificate.
1311.99 Violation and penalties.

1311.01 REGISTRATION REQUIRED.

No person shall perform any work as a tree maintenance or tree removal contractor for hire
on any tree that exceeds six (6) inches diameter breast height (DBH) in the City without first having
obtained a certificate of registration from the Chief Building Official.
"Tree maintenance or tree removal contractor," as used within this chapter, means any
individual, firm, partnership, corporation, association or other organization, or any combination
thereof, who or which by himself, or itself, or by or through others, trims, prunes, stump grinds,
or removes any tree that exceeds six (6) inches diameter breast height (DBH).

1311.02 APPLICATION FOR CERTIFICATE OF REGISTRATION.

Application for a certificate of registration shall be upon forms provided by the Chief
Building Official. The application shall include the name, current address and telephone number
of the contractor applying, and designate the form of business organization, whether corporation,
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Admin. Services Mgr.
09/19/17

ORDINANCE NO. 17-O-87

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partnership, individual or other organization. When the applicant is other than the individual, he
or she shall state the name, address and telephone number of an individual charged with the
management of the work of the business organization to be performed within the City. The
application shall contain such other information as the Chief Building official deems pertinent.

(a) Tree contractor applicants shall meet the following criteria:

(1) At least eighteen (18) years of age.
(2) Able to comply with the requirements of this chapter.
(3) Shall keep work site safe at all times as referenced by ANSI Z-133:
American Safety Standard for Arboriculture Operations. Specifically, the contractor shall
a. Complete the Personal Protective Equipment Hazard Certification in
5.3.6.
b. Maintain a first aid kit at the job site.
c. Identification of a designated tree debris drop zone.
d. Marking of underground utilities prior to stump grinding.

(b) When an applicant for registration is a firm or corporation, each responsible

member of such firm or corporation, listed as such in the application for registration, shall
individually be qualified for registration under the provisions of this section.
It shall be the responsibility of each registered contractor to immediately notify the Chief
Building Official of any changes in the registration provided on his application form and of any
change in status regarding the required liability insurance coverage.

1311.03 ISSUANCE OF REGISTRATION CERTIFICATE.

The Chief Building official shall issue a certificate of registration to each Tree Maintenance
or Tree Removal Contractor applying when each of the following conditions have been met:
(a) A completed application form has been filed.
(b) The applicant has tendered the certificate of registration fee as specified in Section
1311.04.
(c) The applicant has furnished evidence of liability insurance in the minimum amount
of five hundred thousand dollars ($500,000.00) for bodily injury and in the minimum amount of
two hundred fifty thousand dollars ($250,000.00) for property damage. The evidence of insurance
shall list the City of Mentor as a certified holder at the following address: City of Mentor, attention
CBO, 8500 Civic Center Boulevard, Mentor, OH 44060.
(d) The applicant has furnished evidence of having duly registered with the Tax
Division of the City of Mentor Finance Department, on forms provided by the Finance
Department.
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The certificate of registration authorized to be issued hereunder shall be valid for the
calendar year in which it is issued and shall be renewed on an annual basis thereafter.

1311.04 FEES.
A fee of One Hundred Dollars ($100.00) is hereby established for the original application
for a certificate of registration. A fee of Fifty Dollars ($50.00) is hereby established for each annual
renewal of a certificate of registration within 30 days from the prior calendar year. The registration
fee after January 31st shall be charged at the original application amount above.

1311.05 REVOCATION OF REGISTRATION.

The Chief Building Official may refuse to issue or revoke a certificate of registration when
in his opinion the certificate holder has performed work in a careless or irregular manner resulting
in repeated or continuing violations of the Building and Zoning Codes of the City or when the
Chief Building Official has evidence that the liability insurance required is no longer in effect.
The Chief Building Official shall give notice of such revocation to the Tree Maintenance
or Tree Removal Contractor by certified mail directed to the contractor at the address appearing
on the current application, stating in detail the facts and conclusions upon which the revocation is
based. The notice shall also contain a copy of Section 1311.06 setting forth appellate procedures
from the order of revocation.

1311.06 APPEALS.
Any Tree Maintenance or Tree Removal Contractor whose application for registration or
annual renewal of his registration has been refused or whose registration has been revoked may
appeal the refusal or revocation to the Board of Building and Zoning Appeals. Such appeal shall
be filed with the Community Development Department on forms provided for such purpose within
ten days of the refusal of registration or receipt of the nature of revocation.
Upon receipt of the appeal a hearing shall be scheduled at the next regular meeting of the
Board. Notice of the time and place of the hearing shall be given to the Tree Maintenance or Tree
Removal Contractor by first class mail to the address appearing on the appeal form. At the hearing
the Tree Maintenance or Tree Removal Contractor shall have the opportunity to present evidence
and witnesses in support of his appeal. Within a reasonable time after the hearing, the Board shall
either affirm, modify, or reverse the decision of the Chief Building Official by a majority vote of
the members present. Notice of said decision shall be sent to the contractor and a copy filed with
the contractor's registration file.
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Admin. Services Mgr.
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1311.07 PROPERTY OWNER'S EXEMPTION.

The provisions contained in Sections 1311.01 through 1311.06 shall not apply to a
homeowner desiring to perform work on his premises so long as such work is actually performed
by the homeowner or the work is performed by others without compensation.

1311.99 VIOLATIONS AND PENALTIES.

Any person or contractor who performs or authorizes the performance of work in the City
without first obtaining a certificate of registration shall be guilty of a fourth degree misdemeanor
and shall be subject to the penalties as set forth in Section 501.99 of the General Offenses Code
for fourth degree misdemeanors.
Any person or contractor who performs or authorizes the performance of work in the City
after having his application for registration refused or after having his certificate of registration
revoked shall be guilty of a third degree misdemeanor and shall be subject to the penalties as set
forth in Section 501.99 of the General Offenses Code for a third degree misdemeanor.

SECTION 4. That it is found and determined that all formal actions of this Council
concerning and relating to the adoption of this Ordinance were adopted in an open meeting of this
Council and that, except as otherwise provided by Section 121.22 of the Ohio Revised Code, all
deliberations of this Council and any of its committees that resulted in such formal action were
meetings open to the public in compliance with all legal requirements.

SECTION 5. That this ordinance is hereby declared to be an emergency measure

necessary for the preservation of the public peace, health, welfare and safety of the inhabitants of
this city, wherefore, this ordinance shall take effect and be in force from and immediately upon its
passage.

__________________________________
President of Council

PASSED: ___________________________

ATTEST: ___________________________
Clerk of Council